[2024] KEHC 13217 (KLR)
The court found that since the appeal had been dismissed and there was no objection from the appellant to the respondent's application for release of the security deposit, the respondent was entitled to the funds as part payment of the decretal sum. The absence of opposition and the finality of the appellate...
Source-derived case information.
- Citation
- [2024] KEHC 13217 (KLR)
- Parties
- Appellant: Daniel Githaiga; Respondent: Thomas Kibui Muituma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 627 of 2016
- Procedural Posture
- Civil Appeal / Post Judgment, Application for Release of Security Deposit
- Outcome
- Application allowed; funds deposited in court to be released to the respondent.
- Judges
- JN Mulwa
- Legal Topics
- Security for Costs, Release of Funds, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Githaiga
Appellant
Thomas Kibui Muituma
Respondent
Procedural Posture
Civil Appeal / Post Judgment, Application for Release of Security Deposit
Legal Issues
- 1 Whether the respondent is entitled to the release of funds deposited in court as security following dismissal of the appeal.
- 2 Whether there is any legal objection to the release of the deposited sum to the respondent.
Ratio Decidendi
The court found that since the appeal had been dismissed and there was no objection from the appellant to the respondent's application for release of the security deposit, the respondent was entitled to the funds as part payment of the decretal sum. The absence of opposition and the finality of the appellate judgment justified the release of the deposited amount to the respondent through his advocates.
Court Disposition
Application allowed; funds deposited in court to be released to the respondent.
Orders
- The sum of Kshs. 337,552.30 deposited in court as security shall be released to the respondent, Thomas Kibui Muituma, through his advocates on record, Mbai Waweru Advocates.
Full Case Text
Judgment text and source record
20 paragraphs
Githaiga v Muituma (Civil Appeal 627 of 2016) [2024] KEHC 13217 (KLR) (Civ) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13217 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 627 of 2016
JN Mulwa, J
October 31, 2024
Between
Daniel Githaiga
Appellant
and
Thomas Kibui Muituma
Respondent
Ruling
1. The Motion dated 7/05/2024 brought by the Respondent herein is unopposed.The applicant seeks an order for release of funds deposited in court as security by the appellant for the due performance of the decree pending hearing and determination of the appeal.Though served with the motion, the appellant has not filed any replying affidavit or any objection at all.
2. The appeal was heard and judgment delivered on 2/05/2023 dismissing the same with costs to the Respondent/applicant.The trial court's judgment was delivered on 22/09/2016 whereof the Plaintiff/Respondent was awarded Kshs. 648,251. 64 and a decree issued.
3. In the circumstances, the applicant in this motion is in order to seek that the money deposited in court be released to him upon dismissal of the appeal as part payment of the decretal sum.There being no objection to the motion by the Appellant, I proceed to allow the motion dated 7/05/2024 as prayed.
4. Let the sum of Kshs. 337,552. 30 deposited in court be released to the Respondent, Thomas Kabui Muituma through his advocates on record, Mbai Waweru Advocates.Orders accordingly.
DATED SIGNED AND DELIVERED IN NAIROBI THIS 31STDAY OF OCTOBER, 2024. JANET MULWAJUDGE